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HomeMy WebLinkAboutContract 62015CSC No. 62015 MUNICIPAL ERVICE AGREEMENT BETWEEN THE CITY OF FORT WORTH, TEXAS AND THE CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS, A UTAH CORPORATION SOLE This Municipal Services Agreement ("Agreement") is entered into on 17th day of September 2024 by and between the City of Fort Worth, Texas, a home -rule municipality of the State of Texas, ("City") and THE CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS, A UTAH CORPORATION SOLE ("Owner"). RECITALS The parties agree that the following recitals are true and correct and form the basis upon which the parties have entered into this Agreement. WHEREAS, Section 43.0671 of the LGC permits the City to annex an area if each owner of land in an area requests the annexation; WHEREAS, where the City elects to annex such an area, the City is required to enter into a written agreement with the property owner(s) that sets forth the City services to be provided for the Property on or after the effective date of annexation (the "Effective Date"); WHEREAS, Owner owns certain parcels of land situated in DENTON County, Texas, which consists of approximately 4.039 acres of land in the City's extraterritorial jurisdiction, such property being more particularly described and set forth in Exhibit "A" attached and incorporated herein by reference ("Property"); WHEREAS, Owner has filed a written request with the City for full -purpose annexation of the Property, identified as Annexation Case No. AX-24-007 ("Annexation Case"); WHEREAS, City and Owner desire to set out the City services to be provided for the Property on or after the effective date of annexation; WHEREAS, the Annexation Case and execution of this Agreement are subject to approval by the Fort Worth City Council; and NOW THEREFORE, in exchange for the mutual covenants, conditions and promises contained herein, City and Owner agree as follows: 1. PROPERTY. This Agreement is only applicable to the Property, which is the subject of the Annexation Case. 2. INTENT. It is the intent of the City that this Agreement provide for the delivery of full, available municipal services to the Property in accordance with state law, which may be OFFICIAL RECORD Owner -Initiated Annexation Service Agreement CITY SECRETARY 1 of 8 FT. WORTH, TX accomplished through any means permitted by law. For purposes of this Agreement, "full municipal services" means all services provided by the City within its full -purpose boundaries, including water and wastewater services and excluding gas or electrical service. 3. MUNICIPAL SERVICES. a. Commencing on the Effective Date, the City will provide the municipal services set forth below_ As used in this Agreement, `providing services" includes having services provided by any method or means by which the City may extend municipal services to any other area of the City, including the City's infrastructure extension policies and developer or property owner participation in accordance with applicable city ordinances, rules, regulations, and policies. i. Fire — The City's Fire Department will provide emergency and fire protection services comparable with the provision of services available in other parts of the municipality with topography, land use and population density similar to the level of service contemplated or projected in the area. ii_ Police The City's Police Department will provide protection and law enforcement services. iii. Emergency Medical Services The City's Fire Department and MedStar (or other entity engaged by the City after the Effective Date) wi 11 provide emergency medical services. iv_ Planning and_ Zoning The City's Development Services Department will provide comprehensive planning, land development, land use, and building review and inspection services in accordance with all applicable laws, rules, and regulations- v. Parks and Recreational Facilities — Residents of the Property will be permitted to utilize all existing publicly -owned parks and recreational facilities and all such facilities acquired or constructed after the Effective Date (including community service facilities, libraries, swimming pools, etc.), throughout the City. Any private parks, facilities, and buildings will be unaffected by the annexation; provided, however, that the City will provide for maintenance and operation of the same upon acceptance of legal title thereto by the City and appropriations therefor. In the event the City acquires any other parks, facilities, or Buildings necessary for City services within the Property, the appropriate City department will provide maintenance and operations of the same. vi. Other Publicly Owned Buildings — Residents of the Property will be permitted to use all other publicly owned buildings and facilities where the public is granted access. vii. Stormwater Utility Services — The Property will be included in the City's Stormwater Utility service area and will be assessed a monthly fee based on the amount of impervious surface. The fees will cover the direct and indirect costs of stormwater management services_ viii. Roads and Streets (including Street lighting)— The City's Transportation and Public Works Department will maintain the public streets and streetlights over which the City has jurisdiction The City will provide regulatory signage services in accordance with the City policies and procedures and applicable laws. Ov%ncrvFnitiated ASnncsation SLnicc Agrcmcnt 2 of 8 ix. Water and Wastewater to Existing Structures — Occupied structures that are using water -well and on -site sewer facilities on the Effective Date may continue to use the same_ If a property owner desires to connect an existing structure to the City water and sewer system, then the owner may request a connection and receive up to 200 linear feet of water and server extension at the City's cost for each occupied lot or tract in accordance with the City's "Policy for the Installation of Community Facilities" and applicable law_ Once connected to the City's water and sanitary sewer mains, the water and sanitary sewage service will be provided by the City at rates established by City ordinances for such service. x_ Solid Waste Services — The City will provide solid waste collection services in accordance with existing City ordinances and policies, except where prohibited by law. xi. Code Comvliance — The City's Code Department will provide education, enforcement, and abatement relating to code violations within the Property. xii. Full Municipal Services - Commencing on the Effective Date, the City will provide to the Property all services provided by the City within its full -purpose boundaries and not otherwise listed above, except as provided in Section 3(b). b. The City will provide water service and wastewater treatment service to developments established after the Effective Date in accordance with, and on the schedule determined by, the City's extension policies and applicable law and at rates established by City ordinances for such services. c. It is understood and agreed that the City is not required to provide a service that is not included in this Agreement. d_ Owner understands and acknowledges that the City departments listed above may change names or be re -organized by the City Manager. Any reference to a specific department also includes any subsequent City department that will provide the same or similar services_ 4. SERVICE LEVEL. The City will provide the Property with a level of services, infrastructure, and infrastructure maintenance that is comparable to the level of services, infrastructure, and infrastructure maintenance available in other parts of the City with topography, land use, and population density similar to those reasonably contemplated or projected for the Property. 5. AUTHORITY. City and Owner represent that they have full power, authority and legal right to execute, deliver and perform their oblib-ations pursuant to this Agreement. Owner acknowledges that approval of the Annexation Case is within the sole jurisdiction of the City Council_ Nothing in this Agreement guarantees favorable decisions by the City Council, 6. SEVERASILM. If any part, term, or provision of this Agreement is held by the courts to be illegal, invalid, or otherwise unenforceable, such illegality, invalidity, or unenforceability will not affect the validity of any other part, term or provision, and the rights of the parties will be construed as if the part, term, or provision was never part of the Agreement. 7. tNTERPRETATION. The parties to this Agreement covenant and agree that in any litigation 011 ner-Iniflatcd Aiwxation.&-rvice Agmenicnl 3 of S relating to this Agreement, the terms and conditions of the Agreement will be interpreted according to the laces of the State of Texas. The parties acknowledge that they are of equal bargaining power and that each of them was represented by legal counsel in the negotiation and drafting of this Agreement. 8. GOVERNING LAW AND VENUE. Venue shall be in the state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas, fort Worth Division and construed in conformity with the provisions of Texas Local Government Code Chapter 43. 9. NO WAIVER. The failure of either party to insist upon the performance of any term or provision of this Agreement or to exercise any right granted hereunder shall not constitute a waiver of that party's right to insist upon appropriate performance or to assert any such right on any future occasion. 10. GOVERNMENTAL POWERS. It is understood that by execution of this Agreement, the City does not waive or surrender any of its governmental powers or immunities_ 11. COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and constitute one and the same instrument. 12. CAPTIONS. The captions to the various clauses of this Agreement are for informational purposes only and shall not alter the substance of the terms and conditions of this Agreement. 13. AGREEMENT BINDS AND BENEFITS SUCCESSORS :AND RUNS WITH THE LAND. This Agreement is binding on and inures to the benefit of the parties, their successors, and assigns. The term of this Agreement constitutes covenants running with the land comprising the Property, is binding on the Owner and the City, and is enforceable by any current or future owner of any portion of the Property. 14. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the parties and supersedes all prior oral and written agreements between said parties. This Agreement shall not be amended unless executed in writing by both parties. Executed as of the day and year first above written to be effective on the effective date of annexation of the Property. Ov%ner-loitiawd Anu"tiuo St -nice Agcmwin 4 or8 CITY OF FORX WOK'fH Daum ELr-jhdoA' By: Dana Bur '."(Sepl , 02416:03 CDT) Name: Dana Burandoff Assistant City Manager Approved as t Farm and Legality. Bv: Name: Melinda Ramos Deputy City Attorney be-ek fYu& By: Derek Hull (Sep 19, 202412:54 CDT) Name: Derek R. Hull Contract Manager By - Name: Jannette S. Goodall City Secretary Approvals: M&C: By: 24-0825 Ordinance No. Bv: 27179-09-2024 State of Texas § County of Tarrant § po�FORr�aa p>o °9°ad °ono �sd aa�n��6p54aa This instrument was acknowledged before me on the 19th day of September , 2024 a by Dana Burabdoif; Assistant City Manager of the City of Fart Worth, a Texas municipal corporation, on behalf of said corporation. By_ Brooke Bonnell(Sep 20,202408�07 CDT) Notary Public, State of Texas O�PNV Pr/ BROOKE BONNELL * Notary Public STATE " TEXAS Notary I.D. 134009525 OFFICIAL RECORD 9�OF� My Comm. Exp. Oct. 11, 2026 CITY SECRETARY FT. WORTH, TX 0"iur-Initiated Aiuwxation Senior Acre icnt 5 48 THE CHURCH OF JESUS CHRIST OF LA"I`VIER-DAV SAINTS, A UTAH CORPORATION SOLE Sy. Name_ Colton Farr Tavlor Title_ Authorized Agent State of OAiN § County of 00 This instrument was acknowledged before me on the I'1- day of 3Un-e 2p� , by Colton Farr Tavlor, Authorized Agent, Architecture, Frig erin and Construction Division, on behalf of THE CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS, A UT.AH CORPORATION SOME, S Notary Pub] i c, State of Umh ,. MEEGHAN AALDERS Notary Public State of Utah a My Commission Expires on: March 25. 2026 Comm, Number: 723B05 i_Rtiraer-lnitiwed Annesation'wivice Agremiew 6 of.i EXHIBIT A TRACT 1 PRIVATELY OWNED PROPERTY BEING ALL THAT CERTAIN LOT, TRACT, OR PARCEL OF LAND SITUATED IN THE P. M. SMITH SURVEY, ABSTRACT No_ 1170, DENTON COUNTY, TEXAS, AS CXDWEYED TO CORPORATION OF THE PRESIDING BISHOP OF THE CHURCH OF JESUS CHIRIST LATTER43AY SAINTS. A UTAH CORPORATION SOLE (CHURCH), IN THE DEED RECORDED IN COUNTY CLERK'S FILE NUMBER (CC*) CC# 2019.1360, DEED RECORDS, DENTON COUNTY, TEXAS (DRDCT). SAID PORTION BEING MORE PARTICULARLY DESCRIBED, BY METES AND BOUNDS.AS. FOLLOM: BEGINNING AT A TEXAS DEPARTMENT OF TRANSPORTATION MONUMENT FOUND FOR THE SOUTHWEST CORNER OF A TRACT OF LAND CONVEYED TO THE STATE OF TEXAS IN COUNTY CLERICS DOCUMENT No. 20MI02745, DRDCT AND IN THE NORTH LINE OF A TRACT OF LAND CONVEYED TO JAMES M. JUDGE IN THE DEED RECORDED IN CCr# 2006-125M, DRDCT, SAID MONUMENT ALSO BEING ON THE WESTERLY RIGHT OF WAY (ROW) LINE OF FARM TO MARKET HIGHMY No. (FM)156,A VARIABLE WIDTH ROW. COMMONLY KNOWNAS BLUE MOUND DRIVE: THENCE NORTH Br4825' WEST DEPARTING SAID ROW AND WITH THE NORTH UNE. OF SAID JUDGE TRACT A DISTANCE OF 511.97 FEET TO A METAL DISK MONUMENT FOUND FOR THE COMMON WESTERLY CORNER BETWEEN SAID JUDGE TRACT AND SAID CHURCH TRACT, SAID MONUMENT ALSO BEM IN THE EAST LINE OF A TRACT OF LAND CONVEYED TO OPL REAL ESTATE, LTD., IN CC# 2007-55420, DRDCT. THEME NORTH 12`3829' EAST WTH SAID EAST LINE, A DISTANCE OF 144.W FEET TO A 112 INCH IRON ROD FOUND WITH: A PLASTIC CAP STAMPED, 'BSLS 1019418IY, FOR CORNIER FROM WHICH A SIB INCH IRON ROD FOUND FOR THE NORTHWEST CORNER OF A TRACT OF LAND CONVEYED TO OMAS L.EMYNE PETERSON IN THE DEED RECORDER IN VOLUME 598, PAGE 565, DRDCT, SEARS NORTH 12"3Va" EAST 253,60 FEET, THENCE NORTH 88'2121' LAST DEPARTING SAID EAST LINE, A DISTANCE OF 123.30 FEET TO A ii2 INCH IRON ROD FOUND WITH A PLASTIC CAP STAMPER), -5SLS 1019416Q', FOR CORNER; THENCE W)RTH 023O'15' VYEST A DISTANCE OF 243.73 FEET TO A 12 INCH IRON ROD FOUND WITH A PLASTIC CAP FOR CORNER, SAID IRON. ROD BEING IN THE SOUTHERLY ROW LINE OF TECAN DRIVE, A VARIABLE WIDTH ROW, AND THE COMMON LINE BETWEEN SAID SMITH SURVEY AND THE H_ C. & W_ T. 5LOAN SURVEY ABSTRACT No. 1533, DENTON COUNTY, TEXAS, FROM WHICH A 518 INCH IRON ROD FOUND FOR THE NORTHWEST CORNER OF SAID PETERSON TRACT BEARS NORTH 89'34'46' WIEST 57.10 FEET. THENCE SOUTH W34'48" EAST WITH SAID COMMON SURVEY LINE AND SOETf HERLY ROW LINE, A DISTANCE OF 428.87 FEET TO A POINT IN A METAL TRANSMISSION POLE FOUND FOR THE NORTHWEST CORNER OF TIME AFOREMENTIONED STATE OF TEXAS TRACT. THE NORTHEAST CORNER OF SAID CHURCH TRACT, AND BEING IN THE WESTERLY ROW LINE OF THE AFOREMENTIONED FM 156 FROM WHICH THE COMMON EASTERLY CORNER WPNEEN SAID SURVEYS BEARS SOUTH aW34`48' EAST 84.5 FEET; THENCE SOUTH OB"28'32' EAST WITH SAID ROW LINE, A DISTANCE OF 79.09 FEET TO A 112 INCH IRON ROD FOUND VATH A PLASTIC CAP FOR MOST EASTEMY NORTHEAST CORNER OF SAID CHURCH TRACT, THENCE SOUTH 13'17'07' V11EST CC*rIl IUING WITH SAID ROW LINE. A DISTANCE OF 318,67 FEET TO THE POINT OF BEGINNING, AND CONTAINING 4.039 ACRES OF LAND. MORE OR LESS_ CITY OF FORT WORTH SHEETNu. Barton surveying & "24a3i AEX AN�fEXATIDN EXHIBIT OF 4,039 ACRES r 04iai2024 Laser Scanning, LLC. OF PRIVATELY D11VNE>7 PROPERTY 12 WALE 1" =150' R M. SMITH SURVEY, ABS'T. No. 1170 a Fma mwih6 Tx 76123 W M%Xyyg (armyMg DENTON COUNTY, TEXAS 6 642.84"M FRWN0_-101W1s0 { VA-ter-IRAittted Annexatim Sen-oce Agreenlem 7 of k Original Scale: 1'= 151Y G 75 1� Gmpgnc She in Fel# - LEGEI D - � IRF IRDNRJD,'G'l IM CCq COUNT. YCLES8c5FHlEru. IRS IRON ROD 3Er PRTCT PLAT RECORDS, IPF IRut4 Pr?E F6,%D TARRANT COUNTY. TEXAS S DRTCT ROW RlGHTI-OF-NAY TARRANT COUNTY. TEAS VOL. V%LVA } ACCOOINNG TO RECORD q- pka L-16ffUJhdENT y; Ci NO zrFgFA'95 1= LOT iR 81QLX 1 u . `,\ VOL 100. M-i Nv;TF1f[n£$T tap *Alp Ste, DVDrT CCI ��i33, PR']r _TM1 EXAN I SG j19' " 1$61En CA&F.M lVk PFMM EYIICYNRQSMt<.m U,PG, iw PRmn NOS-AAE'W % HYl+CE?Ic IE ]�1! f�ai �.-- %y J 1 YLN YI AG.CWS6mew ..� JititCrkS765 :'FINCE O F I'' _ . y ' 4ANACRE3 OF PR1Vl1iEEl OWNED PROPERT7. Z.)yya�k �' jp�}e�ttt�{yj555{`1.�(ry�' Z oanriary aF r rr�ssa;ws asr+�F 3YiT $1 L3�7 OF THE cHuRCH t3F a*wjr [A'=_R •T-RA3A*rm, A UTAt COWOVABO11 501.E scs-tamer LLx3a i e779•�� DRECT N59*4b'25 519.ar T�t.�� 3RHE3rj¢JDZW J Q�;9r ! DRDCT 2� r: BASIS -OF -BEARINGS: 813 'BEARINGS ARE 9 -W-D ON NAD S3 GRV, TEXAS STATE PLANE COORDINATE SYSTE, A. NORTH PE NTRAL ZOWL PR��403 i 3-AEX CITY OF FORT WORT{ ANNEXATION EXHIBIT OF 4.039 ACRES DAM 134F25r2024 OF PRIVATELY OWNED PROPERTY scums 9" =15� i P.M. SMITH SURVEY, ABST. No. 1170 f WB I V& I DENTON COUNTY, TEXAS I cp s— SHEErNo- Barton Sur'v yIng & T --= sue., i i a Of FoM VMxflg TX s . Owner -Initiated Arne atitm Ne-nice Agrmmwut K of R City of Fort Worth, Texas Mayor and Council Communication DATE: 09/17/24 M&C FILE NUMBER: M&C 24-0825 LOG NAME: 06AX-24-007; LDS — NEW GRANGER, OWNER -INITIATED SUBJECT (Future CD 10) Conduct Public Hearing, Authorize Execution of Municipal Services Agreement and Consider Adopting Ordinance for the Proposed Owner -Initiated Annexation of Approximately 4.039 Acres of Land in Denton County, Known as LDS — New Granger, and Approximately 1.912 Acres of Adjacent Right -Of -Way, Located West of Blue Mound Road and South of Highway 114, in the Far North Planning Sector, AX-24- 007 (PUBLIC HEARING - a. Report of City Staff: Derek Hull; b. Public Comment; c. Council Action: Close Public Hearing and Act on M&C) RECOMMENDATION: It is recommended that the City Council: 1. Conduct public hearing for the proposed owner -initiated annexation of approximately 4.039 acres of land in Denton County, for the continued use as a church known as LDS — New Granger, and approximately 1.912 acres of adjacent right-of-way, located west of Blue Mound Road and south of Highway 114, as shown on Exhibit A; 2. Adopt ordinance annexing AX-24-007 for full purposes; and 3. Authorize execution of municipal services agreement between the City of Fort Worth and property owners, The Church of Jesus Christ of Latter -Day Saints, A Utah Corporation Sole. DISCUSSION: On June 4, 2024, representatives for the property owners, The Church of Jesus Christ of Latter -Day Saints, A Utah Corporation Sole, submitted a request for full -purpose annexation of the property shown on Exhibit A into the City of Fort Worth (City). The subject property is located entirely in that portion of the City's extraterritorial jurisdiction which is in Denton County. The site is located west of Blue Mound Road and south of Highway 114. The owner -initiated annexation, which is approximately 4.039 acres, is consistent with the urban development annexation criteria as established by the City's Annexation Policy. In accordance with Chapter 43, section 43.106, approximately 1.951 acres of adjacent right-of-way will be annexed into the City's corporate limits. The property is part of an enclave surrounded by the City and is currently being used as a church. The property owner intends to continue to use the property as a church. The proposed land use is inconsistent with the 2023 Comprehensive Plan. The 2023 Comprehensive Plan identifies the future land use for this property as General Commercial. The use of the property as a church is compatible with current surrounding land uses, but not consistent with the future land use. In accordance with Chapter, Section 2-70 of the City Code, the Plan Commission will make a recommendation to the City Council on proposals for voluntary annexation that are inconsistent with the Comprehensive Plan. On August 28, 2024, the City Plan Commission voted unanimously to recommend approval of the inconsistent land uses proposed in annexation case AX-24-007. The companion zoning case (ZC-24-088) was heard by the Zoning Commission on September 11, 2024. The Zoning Commission recommended the approval of the requested zoning of the unzoned area to the Community Facilities "CF" zoning district for approximately 4.039 acres. The companion zoning case is scheduled for a public hearing by the City Council on September 17, 2024. The proposed site for annexation is located fully within the City of Fort Worth's Certificate of Convenience and Necessity (CCN), which grants the City exclusive rights to provide retail water and/or sewer utility service. This site is also located within the 20-Year Plan service area as identified in the 2023 Comprehensive Plan. The City is annexing the property under the authority granted in Subchapter C-3 of Chapter 43 of the Texas Local Government Code (TLGC) wherein it provides for the process of annexation of an area upon a request of an owner of land. Section 43.0672 of the TLGC requires a municipality that elects to annex an area upon the request of an owner to first negotiate and enter into a written agreement with the owners of land in the area for the provision of municipal services. The agreement must include: 1. A list of each service the municipality will provide on the effective date of the annexation; and 2. A schedule that includes the period within which the municipality will provide each service that is not provided on the effective date of the annexation. The attached municipal services agreement includes these provisions in accordance with state law. The proposed uses were considered while assessing the financial impact to the General Fund. A Fiscal Impact Analysis was prepared by the FWLab Planning Division with the assistance of other City Departments. Annual impacts on the General Fund are expected to be negative following annexation, based on the information provided by City departments and the developer. The FWLab has determined that the annexation meets the City's criteria for full -purpose annexation due to its location as part of an enclave and aligns with the Comprehensive Plan policies, the long-term financial sustainability poses a potential concern. Therefore, due to the ability of the area to meet the City's criteria for full -purpose annexation staff recommends approval of the requested owner -initiated annexation, AX-24-007. The City Council will conduct a public hearing on the proposed annexation to allow person interested in the annexation an opportunity to be heard. Notice of the public hearing has been posted in accordance with section 43.0673 of the TLGC. Upon conclusion and closure of the required public hearing, the City Council may take final action on the ordinance annexing AX-24-007 for full purposes and the municipal services agreement. Upon approval of the annexation, this property will become part of COUNCIL DISTRICT 10. FISCAL INFORMATION / CERTIFICATION: The Director of Finance certifies that based upon approval of the above recommendations and adoption of the attached ordinance, the annexation will have a long-term negative impact to the General Fund. Submitted for Citv Manaaer's Office bv: Dana Burghdoff 8018 Oriainatina Business Unit Head: D.J. Harrell 8032 Additional Information Contact: Expedited